Arbitration Agreement

  1. “Arbitration agreement” means an agreement in writing between the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not;
  2. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement;
  3. An arbitration agreement is in writing if it is:
    • Contained in a document signed by the parties;
    • An exchange of letters, telex, telegrams, emails or other means of communication which provide a record of the agreement; or
    • An exchange of statements of claims and defenses in which the existence of an agreement is alleged by one party and not denied by the other;
  1.  The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.